Service legal standards — Copyright software – Infrastructure license
PART I - PURPOSE AND SCOPE
1.1. These legal standards (“Documentation”) specify the standard Terms and conditions applicable to the provision and use of the service group providing copyrighted Software and infrastructure licenses (Operating system, Virtualization, Database, Backup, and Security) (“Service”), provided by Pho Tue SoftWare Solutions JSC (“HiTechCloud”) to customers (“Customer”).
1.2. The Documentation applies to all Contracts, Orders, Appendices, or electronic service order confirmations referencing this Documentation. In case of conflict, separate commercial Terms signed between the two Parties shall take precedence, followed by this Documentation, and the policies published at https://hitechcloud.vn/tai-lieu-ho-tro/.
1.3. The scope of the Service includes HiTechCloud distributing and Provisioning usage rights for vendor commercial Software (Server Operating systems, Virtualization platforms, Databases, Backup Software, Security, and other infrastructure tools) to Customers.
Part II – Definitions
2.1. “EULA” is the End user license Agreement issued by the Software vendor accompanying each product.
2.2. “Key/License” is the activation code or Software usage rights granted to the Customer under the Order.
2.3. “Activation” is the act of entering a key or attaching a license to the system, giving rise to the Validity of use with the vendor.
2.4. “Vendor Error” is a case where the key/license cannot be activated due to reasons attributable to the vendor's provisioning system, not due to improper operation or violation by the Customer.
2.5. “Designated Device” is the server, IP address, or hardware to which the license is permanently attached in accordance with vendor policy.
Part III – Service description and configuration
3.1. HiTechCloud performs the Handover of keys/licenses, activation guides, and legal Invoices and documentation proving Copyright origin; installation and configuration fall within the scope of the Service only if separately specified in the Order.
3.2. Licenses may be tied to a specific IP address, device, or system identifier according to vendor policies; transferring a license to another device depends on vendor policies and may incur fees.
3.3. The Version, feature scope, and update support period of the Software comply with the vendor's announcement at the time of Provisioning.
Part IV – SLA and compensation
4.1. The vendor's EULA and policies take precedence regarding the scope of usage rights, warranty, and limitation of liability for the software; HiTechCloud is responsible as the distributor for the legality of the license provisioning source.
4.2. For keys/licenses with errors caused by the vendor, the sole remedy is for HiTechCloud to replace them with a new key/license within 05 (five) working days from error confirmation; the Customer is not entitled to request a refund or other compensation for this error.
4.3. The sole remedy when HiTechCloud violates the SLA is a fee deduction in the subsequent billing cycle according to the published deduction schedule; the Customer has no right to request a cash refund or any other form of compensation for SLA violations.
4.4. HiTechCloud's total indemnity arising from or related to the Service shall under no circumstances exceed the total fees paid by the Customer for the most recent service cycle; HiTechCloud is not liable for indirect, consequential damages, lost profits, business opportunities, lost data, or reputational damage.
4.5. Planned maintenance is notified at least 48 (forty-eight) hours in advance via Email or the management portal; planned maintenance duration, force majeure events, and interruptions due to Customer fault are not counted as SLA violation time.
PART V - FEES AND PAYMENT
5.1. The Customer shall make advance Payment of 100% of the service cycle value within 03 (three) working days from the date HiTechCloud Releases the fee notice or Invoice, unless otherwise stipulated by a separate Contract.
5.2. Overdue payment amounts are subject to a late payment interest rate of 0.05%/day calculated on the overdue amount, from the overdue date until the actual payment date.
5.3. HiTechCloud reserves the right to suspend the Service after 07 (seven) days of late payment and execute Service termination after 15 (fifteen) days of late payment without compensation; the Customer remains under obligation to pay all fees incurred up to the termination date.
5.4. Activated licenses are non-refundable and non-exchangeable under all circumstances; unactivated licenses are only considered for exchange or return according to the vendor's policy and upon vendor approval.
PART VI – RIGHTS AND OBLIGATIONS OF THE PARTIES
6.1. The Customer shall only use Software within the licensed quantity, edition, and purpose; cracking, sharing keys in excess of Quota, or sublicensing to a Third party in violation of the EULA is strictly prohibited.
6.2. The Customer cooperates in providing information when vendors or competent authorities conduct a Copyright Audit (license audit) for licenses provisioned by HiTechCloud.
6.3. HiTechCloud has the Obligation to support the Customer in working with the vendor regarding activation and Renewal issues, and providing documentation of origin upon request.
Part VII – Acceptable use and prohibited conduct
7.1. The use of Software without a valid Copyright may be subject to administrative penalties under Decree 131/2013/ND-CP on Copyright and Related Rights (Nghị định 131/2013/NĐ-CP) or criminal prosecution under Article 225 and Article 226 of the Penal Code (Bộ luật Hình sự); the Customer assumes full Legal liability for Software installed outside the catalog Provisioned by HiTechCloud.
7.2. Using licensed Software to develop derivative products contrary to the EULA or reverse engineer in Violation of the Law is prohibited.
7.3. The Customer shall not use the Service to violate Vietnamese law, infringe upon national security, distribute malware, attack third-party systems, or infringe upon the intellectual property rights or personal data of any organization or individual; HiTechCloud reserves the right to immediately suspend services upon detecting a violation.
Part VIII – Security and personal data
8.1. Each Party undertakes to maintain the Information security of the other Party's non-public information obtained during the provision and use of the Service, and to use it solely for the purpose of Service performance; the confidentiality Obligation shall survive for 03 (three) years after Service termination, unless otherwise required by Law or a competent State authority.
8.2. Personal data processing complies with the Law on Personal Data Protection No. 91/2025/QH15 (Luật Bảo vệ dữ liệu cá nhân số 91/2025/QH15) and Decree No. 356/2025/NĐ-CP (Nghị định số 356/2025/NĐ-CP) detailing a number of Articles of the Law on Personal Data Protection; HiTechCloud only processes Personal data pursuant to lawful instructions from the Customer, applies appropriate technical and organizational measures, and notifies the Customer upon detecting an Incident of Personal data disclosure or loss in accordance with legal regulations.
8.3. Customer system identity information (hostname, IP, configuration) may be transferred to the vendor for activation and technical support strictly for license provisioning purposes.
PART IX – SUSPENSION AND TERMINATION
9.1. HiTechCloud reserves the right to suspend part or all of the Service when: (i) the Customer is overdue on Payment by more than 07 (seven) days; (ii) the Customer violates the acceptable use Regulation; (iii) requested by a competent State authority; or (iv) necessary to prevent system security risks.
9.2. Each Party has the right to effect Service termination if the other Party commits a Violation of a fundamental Obligation and fails to remedy it within 15 (fifteen) days from the date of receiving written Notification; HiTechCloud has the right to terminate after 15 (fifteen) days from the date the Customer is suspended due to late Payment without making full Payment.
9.3. Within 07 (seven) days from the date of Service termination, the Customer will be supported in exporting data in common formats; upon expiration of this period, all Customer data will be permanently Deleted from the system and cannot be Restored, and HiTechCloud has no Obligation for further retention.
PART X – VALIDITY AND APPLICABLE LAW
10.1. This Documentation is an integral part of the Service Agreement and the policies published at https://hitechcloud.vn/tai-lieu-ho-tro/; the Customer registering, making payment, or continuing to use the Service constitutes acceptance of the entire Documentation.
10.2. This Documentation and related contracts, appendices, and electronic confirmations may be signed using digital signatures pursuant to the Law on Electronic Transactions No. 20/2023/QH15 (Luật Giao dịch điện tử số 20/2023/QH15) and Decree No. 23/2025/NĐ-CP on electronic signatures and trust services (Nghị định số 23/2025/NĐ-CP), holding legal validity equivalent to paper documents with direct signatures and seals.
10.3. The Documentation is governed by Vietnamese law. All disputes shall first be resolved through negotiation and mediation within 30 (thirty) days; if unsuccessful, the dispute shall be submitted to the competent People's Court in Ho Chi Minh City for resolution.
Documentation issued by HiTechCloud and subject to amendment with 30-day prior notification on https://hitechcloud.vn/tai-lieu-ho-tro/.
